Huzar appeal

Vauban

ArianSandra wrote: »

I've printed the letter for my bundle but I can't see a point 27. What am I missing please?

That it doesn't matter how a technical failure is discovered, since fixing a normal technical failure (a fuel shut off value in Huzar's instance) is both inherent in an airline's operation and within its control (the Wallentin test).

CobyBenson

I think Mark2Spark was referring to the Judgment in Huzar, not a letter.

If your hearing goes ahead and it concerns a technical problem then you're strongly advised to read and use the Huzar judgment. If you need it then you can get a copy from here:-

http://www.bottonline.co.uk/images/news/179933236-Jet2-appeal.pdf

len49

Current Status: Awaiting correction of defects in the bundles:

Tracking Information:
13-Jan-14: Letter sent to applicant/solicitor requesting correction of bundles
18-Nov-13: Letter sent to applicant/solicitor to request bundles and/or documents

Last Updated: 13-Jan-14

Surely the Applicants top notch legal outfit didn't get something wrong!

len

JPears wrote: »

Courts as organised a some airlines then

len49

Bit of movement here (see below). Didn't take the Applicant's legal team long to get the finger out and correct the defects in the bundles. Lets hope the Judicial Decision is worth waiting for.

len

Case tracker website

Current Status: Awaiting a Judicial Decision on the papers

Tracking Information:
15-Jan-14: Bundle corrections were approved
13-Jan-14: Letter sent to applicant/solicitor requesting correction of bundles
18-Nov-13: Letter sent to applicant/solicitor to request bundles and/or documents

Last Updated: 17-Jan-14

len

Vauban

Thanks for this len - not much of a spectator sport though is it?

len49

You're right Vauban, it's too pedestrian for me too but I'd love to be a fly on the wall when the Judicial Decision is being considered.

Cheers

len

Vauban wrote: »

Thanks for this len - not much of a spectator sport though is it?

legal_magpie

You don't have to be a fly on the wall. It will be a public hearing. I wouldn't mind another trip to the High Court myself. After our last big win (speed camera case) we all went to the pub over the road from the Courts and got hammered

richardw

Case tracker currently advises

"Hearing Status: Window of 08-Jan-14 to 29-Jan-14"

That's just over a week to go to the 29th Jan 2014, perhaps the window will change.

richardw

Not long to Wednesday 29th Jan now, perhaps the window will be updated.

debteliminator1

COULD YOU PLEASE HELP.

It's decision time...

...And we are not sure which route to take at this time regarding our recent compensation claim against Thomas Cook Airlines Ltd for a delayed (9 hours)inbound flight, back in June, 2013.

Claiming flight delay compensation for a family party of 9 passengers in total, including 2 infants and 1 baby.

Received "Notice of Proposed Allocation to the Small Claims Track" from Northampton (CCBC) County Court informing us that it is now a defended claim.

Thomas Cook Airlines have written to my wife (the Claimant), and the Court, that they are requesting her consent to our collective claim being stayed pending the outcome of the appeal in the case of Huzar v Jet2.

Thomas Cook Airlines go on to state, "Our experience to date has been that Courts are granting stays in cases that proceed to final hearing and we are simply trying to avoid wasting Court time and costs of attendance".

We have yet to respond to Thomas Cook Airlines request as we do not know what to do for the best at this particular time.

Personally, I do feel we have a strong enough case against Thomas Cook Airlines to go right ahead and pursue our claim regardless of the final outcome of the Huzar v Jet2 case.

Reason being, we have already received written confirmation from Air Safety State Agency "AESA" (Spain) stating:

In this case, AESA considers that the company has not proved the concurrence of extraordinary circumstances pursuant to Regulation (EC) No. 261/2004. Accordingly, the air carrier should pay you a compensation for the amount of 400 Euro per passenger, being a flight of more than 1500 km (Almeria - Birmingam, 1736 km).

It was purely on the strength of the above paragraph why we decided to pursue our collective claim for delayed flight compensation against Thomas Cook Airlines Ltd.

I would really appreciate any advice on what our best course of action should be at this time going on the information I have presented to you above.

Do you reckon we should pursue our claim in the hope that the Court does not grant a stay in our particular case, or accept Thomas Cook Airlines stay, pending the outcome of the appeal in the case of Huzar v Jet2?

Obviously any forthcoming advice would not be construed as legal advice, but would help towards us making an informed decision on how best to move forward with our claim.

Many thanks in advance,